Opinion
No. 82652
05-14-2021
MARY LOU MCSWEENEY-WILSON, Petitioner, v. THE FIRST JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA, IN AND FOR THE COUNTY OF STOREY; AND THE HONORABLE JAMES TODD RUSSELL, DISTRICT JUDGE, Respondents, and STOREY COUNTY COMMISSIONERS; AND STERICYCLE, INC., Real Parties in Interest.
ORDER DENYING PETITION FOR WRIT OF MANDAMUS OR PROHIBITION
This original petition for a writ of mandamus or prohibition challenges district court orders dismissing a petition for judicial review. Having considered the petition and supporting documents, we are not convinced that petitioner has met her burden of demonstrating that our extraordinary intervention is warranted. See Walker v. Second Judicial Dist. Court, 136 Nev., Adv. Op. 80, 476 P.3d 1194, 1196-97 (2020) (refusing to substitute this court's judgment for that of the district court absent a manifest abuse of discretion); Pan v. Eighth Judicial Dist. Court, 120 Nev. 222, 228, 88 P.3d 840, 844 (2004) ("Petitioners carry the burden of demonstrating that extraordinary relief is warranted."); Smith v. Eighth Judicial Dist. Court, 107 Nev. 674, 677, 818 P.2d 849, 851 (1991) (observing that "the issuance of a writ of mandamus or prohibition is purely discretionary with this court"). In particular, petitioner has an adequate legal remedy in the form of an appeal from any adverse final judgment. NRS 34.170; Pan, 120 Nev. at 224, 88P.3d at 841 ("[T]he right to appeal is generally an adequate legal remedy that precludes writ relief."). Accordingly, we
Because we deny the petition, we also deny petitioner's request for a stay of the district court's order as moot.
ORDER the petition DENIED.
/s/_________, J.
Parraguirre
/s/_________, J.
Stiglich
/s/_________, J.
Silver cc: Hon. James Todd Russell, District Judge
Mary Lou Wilson
Storey County District Attorney
McDonald Carano LLP/Reno
Storey County Clerk